Will the Ethics Minister Investigate this MP's Failure to Disclose Her Income?

Surprising developments continue to challenge the Harper government and it doesn't appear the recent cabinet shuffle was enough to contain the party's troubles. In July, the Prime Minister embarked on a public relations makeover to soften the blow from repeated allegations of criminal activity and impropriety against a growing number of Conservatives.

To quell chatter about Duffy and the senate spending scandal -- followed by charges against Del Mastro, the Prime Minister appointed a fresh batch of faces to populate his inner circle. In this rejuvenation process, a faithful MP from Simcoe-Grey was promoted to Minister of Labour and Minister of Status of Women. It seemed a safe bet, as the member was not only a minority female but also a paediatric surgeon who proved her loyalty by supporting the export of asbestos. Surely her silence in the face of criticism from the health care industry could merit responsibility for two portfolios in a beleaguered government.

Doubly minted Minister Kellie Leitch keeps a low profile with the local public, but she's been a staple in the Conservative party since the days of her youth. The doctor wasn't familiar to residents of Simcoe-Grey until the 2011 federal election, because she normally hailed from Sick Kids Hospital in Toronto and the University of Western Ontario in London. Leitch's life was centred many hours away and she survived this controversy with stellar endorsements from CPC stars like Jim Flaherty, Peter MacKay, Hugh Segal, Julian Fantino and Stephen Harper. The campaigning efforts of Pamela Wallin weren't quite as glowing, since her visits have become a point of contention in the senate investigation (see April 26 and 29, expanded to include Jan. 17).

This prominent attention must have felt remarkable. In a rural region known for farming and rustic getaways, the area was transformed into a political Hollywood for the election. The only caveat is it required this much effort to help Leitch overcome the toxic atmosphere she was about to inherit. Her predecessor in Simcoe-Grey was also a Minister for the Status of Women, but Helena Guergis was in the process of being turfed as her replacement was parachuted by the Prime Minister. It was a timely campaign of false and tawdry allegations. Ms. Guergis saw her career destroyed to create a vacancy in the riding and much of the local executive quit to protest their loss of democracy.

Amid the many accusations against Kellie Leitch, it became apparent she would need to open up and endear herself to the locals. In a rare interview with the tiny Wasaga Beach newspaper, a limited number of constituents received a glimpse into the world of our prospective Labour Minister. This included a rare epiphany explaining just how far she travelled. In her own words, Kellie Leitch professes it wasn't in her plans to become a doctor and she was keen to build on her father's legacy as a founder of Fort McMurray.

The Alberta oilsands are more than a stone's throw from the shores of central Ontario and according to Leitch, her family should be credited with bringing the oil rush to Canada because they're the ones who built the infrastructure to make the harvest area inhabitable. This MP was proud of the environment she helped create, despite Neil Young's comparison of Fort McMurray to Hiroshima. Of course the latter was banned from the former's radio station, so perhaps Minister Leitch will never hear about the opposition.

This brings us to the ethical hurdles facing the Conservative party and whether Harper's judgement would improve in time for the cabinet shuffle, meant to save the government's reputation. These new ministers should be impervious to criticism, or rather investigation. Ideally they would lead the way by filing items properly and insulate the Canadian Parliament from any more questions of fraud or conflicts of interest. Or contempt. Or bribery. Or voter suppression. Or criminal charges. With such a turbulent track record, it only seems reasonable the Prime Minister would benefit from hindsight and wisdom in selecting his next executives.

It was previously reported that Minister Leitch was in good standing with the Ethics Commissioner and she did not declare any additional income in her report for the public registry. This is the information she provided to media in a congenial, receptive email. But that registry and the Canadian Securities Regulators at Sedar appear to have a different opinion.

The following is a public version of events, expressed in a timeline with commentary:

May 4, 2010 -- Kellie Leitch causes a stir with Conservatives in Simcoe-Grey, when she attends private meetings as a star candidate who was parachuted from Toronto.

May 6, 2010 -- Kellie Leitch becomes a paid trustee at Dundee REIT (see also May 10, 2010 - report of voting results). As part of a Declaration of Trust, she must agree to a non-competition clause with the company. She is not permitted to acquire an interest, even indirectly from commercial real estate, without first allowing Dundee the option of purchasing said investment (see page 37).

Dundee REIT is a subsidiary of Dundee Corporation and Ned Goodman is the owner, occupying a seat at the same table as MP Leitch. Mr. Goodman is better known as one of the richest people in Canada (see page 18). The REIT is better known for its main accounts, as landlord to the Government of Canada, Government of Ontario, Government of British Columbia, Government of Alberta, Government of Saskatchewan, Government of Quebec, Government of Northwest Territories, Enbridge Pipelines and SNC Lavalin. This is in addition to the Canada Revenue Agency, Canadian Food Inspection Agency, Cities of Edmonton and Calgary, Alberta Health Services, CAE and Ministry of the Attorney General (see page 20).

In media it's not mentioned that Dundee REIT is behind the Toronto Pan Am village, but annual filings detail the company's $15 million investment, with an expected profit of $50 million when the properties are finally sold (see page 12).

In the same report Mr. Goodman shares his executive insight with underlings like Minister Leitch. He says,

"Inflation is a certainty because without any other reasons, and there are many, it is a political and financial tool that allows for de-leveraging of debt and payment of deficits. In addition, politicians very seldom get elected by causing deflation. Almost everyone likes inflation. If you are a government and inflate prices, then you keep people struggling and working hard to keep pace with inflation. The poorer the people are, the more likely they can be kept under control. In addition, inflation for rich people is taxable and deflation is less so. No government ever has an incentive to deflate, but has incentive in fact to inflate. Voters prefer inflation to deflation." (see page 19)

May 10, 2010 -- The appointment of Dr. Leitch to Dundee REIT is confirmed by Sedar.com (see May 10, 2010, report of voting results).

May 2010 -- Kellie Leitch is slated to receive 4,607 deferred REIT units for her services as a trustee in the first year (see April 18, 2011, management information circular - within report, view page 6). Her access to sensitive information about the company and advice from owners like Mr. Goodman is granted (view page 9). The compensation structure is outlined and as a trustee, Dr. Leitch will play a role in determining these amounts, including the amount of payment due to Mr. Goodman and approval of deferred units like she received (view pages 12-13). In addition to receiving property investments and a personal stake in government tenants, Leitch receives $21,000 in cash for meeting fees (see page 18). It's important to understand this compensation was negotiated at the onset, but actual payment would be received into the next year. The deferred units go through a 5 year vesting period, with parts maturing at each anniversary. This would provide Dr. Leitch with steady income for a minimum of 5 years (view page 16).

May 2010 -- Dundee REIT confirms it will invest $20 million to construct a building for the Government of Canada in Yellowknife, fully leased to the government for 10 years (see May 6, 2010, interim financial statements - within report, view page 21).

December 31, 2010 -- Kellie Leitch is confirmed to receive $21,000 in cash, for her services at Dundee REIT (see page 18).

March 21, 2011 -- Much of the Conservative riding executive quits in Simcoe-Grey, due to the ouster of Helena Guergis and the parachuting of Kellie Leitch.

March 31, 2011 -- As Defence Minister, Peter MacKay visits the riding of Simcoe-Grey to campaign on behalf of Dr. Leitch. On the same day, Dundee REIT releases a business update to Sedar.com that includes important information about its trustees. Leitch is legally reported to live in the municipality of Toronto (see March 31, 2011 - annual information form - within report, view pages 30, 31). This supports the accusation that she was parachuted to another riding.

April 19, 2011 -- Peter Cosgrove donates $1,000 to the election campaign of Kellie Leitch (see entry 29). If this was a misspelling, a fellow trustee at Dundee REIT also goes by the name of Peter Cossgrove.

April 27, 2011 -- Robert Goodall donates $500 to the election campaign of Kellie Leitch (see entry 51). He is a fellow trustee at Dundee REIT.

April 29, 2011 -- Joanne Ferstman donates $250 to the election campaign of Kellie Leitch (see entry 48). She is a fellow trustee at Dundee REIT.

April 29, 2011 -- Robert Tweedy donates $250 to the election campaign of Kellie Leitch (see entry 123). He is a fellow trustee at Dundee REIT.

May 2, 2011 - Don Charter donates $500 to the election campaign of Kellie Leitch (see entry 19). He is a fellow trustee at Dundee REIT.

May 2, 2011 -- Michael Knowlton donates $250 to the election campaign of Kellie Leitch (see entry 69). He was the president, COO, executive vice president and CFO at Dundee REIT. He made this contribution two weeks before retiring from the president's position.

Most donations were recorded at the last minute. Forty per cent arrived on Election Day and this indicates Leitch was in contact with her business partners from Toronto, while the riding of Simcoe-Grey was busy voting. No trustees at Dundee REIT are residents of this riding, according to available financial records. In addition to these individuals, the majority of political donors hail from the Toronto area and their contributions were accepted on May 2, 2011.

(To view a candidate's return within the Elections Canada database, a fresh search must be performed. Once the information for Leitch, Kellie, in the riding of Simcoe--Grey is displayed, select Form 2A to browse donations. Screen captures of this information are also provided below. Please be advised there is nothing improper about the donations, but they did arise from out of town, predominantly on the day of election.)

May 2, 2011 -- Kellie Leitch is elected Member of Parliament for Simcoe-Grey, defeating Helena Guergis as a new face for the Conservatives.

May 12, 2011 -- Ten days after the election, MP Leitch accepts paid re-appointment to the Board of Trustees at Dundee REIT (see May 16, 2011 -- report of voting results). This happened at a specially scheduled event, in the Toronto Board of Trade, East Ballroom. It would have been clear to everyone that Kellie Leitch was celebrating her election, when she accepted their overtures to oversee a business that relied heavily on the favour of federal government (see pages 1, 6).

May 16, 2011 -- Kellie Leitch is recorded in the Canada Gazette as being elected to Parliament. According to the Conflict of Interest Code for Members of the House of Commons, she has 60 days from this moment to file her private interests with the Ethics Commissioner for inspection. Since Dr. Leitch was immediately appointed to parliamentary secretary, her ability to engage in private employment would not have been appropriate (see item 7). She would not have been able to engage in contracts with the government for which she received benefit, without the Commissioner's permission and only if the arrangement wouldn't affect her parliamentary obligations (see items 16, 17, 18). MP Leitch was also required to disclose any income greater than $1,000, including its source, for the 12 months preceding election (see item 21).

July 16, 2011 -- MP Leitch was due to submit her disclosure of private income and conflicts of interest to the Ethics Commissioner, in keeping with the 60 day mandate. She failed to do this within the required time and remained engaged with Dundee REIT as a parliamentary secretary.

2011 -- Dundee REIT becomes landlord to the National Energy Board, numerous oil and resource companies, WSIB and Government Services for the Department of National Defence (see pages 20-26). Due to the nature of their tenants, Dundee's liability for environmental protection and the cost of remediating contaminated sites is considered (see page 27).

September 22, 2011 -- Parliamentary Secretary Leitch resigns from her position at Dundee REIT. The company attributes this departure to her successful election nearly five months earlier. They note she attended four of five regularly scheduled meetings, meaning it's probable that some of them occurred while she was a Member of Parliament -- unless all the company's business was conducted prior to May 2nd and the federal election. Leitch accepted remuneration for her service in 2011, in the form of $6,000 cash, 35,000 REIT units and 110,000 deferred REIT units, for a reported value of $151,600 (see April 11, 2012 - management information circular - within report, view page 20 - or see alternate source at page 20, here).

September 26, 2011 -- MP Leitch discloses her private interests to the Ethics Commissioner on the public registry. She reports a blind trust and income from the University of Toronto, University of Western and the Ministry of Health. She does not report the $21,000 plus $6,000 received in cash, for her previous twelve months at Dundee REIT, or the current term. She does not report her significant interest in the company's contracts with government tenants or the oil and resource industries. In fact, there is no mention of Dundee REIT, even though this report is filed four days after resigning the private position and two months after the parliamentary due date.

September 29, 2011 -- Three days later, MP Leitch makes a correction to her Ethics disclosure. This time she adds ownership of the Khristinn Kellie Leitch Medicine Professional Corporation, but still there is no mention of Dundee REIT.

2010 - 2011 -- During the first year of Dr. Leitch's tenure at Dundee REIT in 2010, the Government of Canada leased 333,187 square feet from the company (see page 21). Although she was elected to Parliament in May 2011, MP Leitch didn't resign the position with Dundee until the end of September. During this period of dual representation, the Government of Canada became the company's largest tenant, increasing their lease to 1,209,973 square feet in 2011 (see page 19). That's an unprecedented increase in the company's history of 263 percent, around the same time this parliamentary secretary was working for both entities. Since her departure from Dundee REIT, the federal government expanded their account to 1,658,129 square feet.

2012 -- Dundee REIT releases an annual report that cites considerable political influence on their business ventures (see page 44).

As the current Minister of Labour, Kellie Leitch could impact the employment concerns of Dundee REIT. She will continue to receive income until her payment cycle completes in 2016, with incentive to meet their needs. There is no concern from government to abstain from voting in parliament, on matters that affect the company or any of the tenants. There is no mention of the environmental pressures to keep many of these clients profitable. The REIT units owned by the minister are more than security investments and there is nothing to indicate the Ethics Commissioner identifies these holdings as remuneration. Minister Leitch could choose between cash and securities, opting for the latter as a lion's share of compensation. This relationship is further complicated by Dundee's political interest in the outcome of government decisions from a number of different perspectives.

January 17, 2012 -- Dundee completes their acquisition of the Whiterock portfolio, becoming a landlord to the Government of New Brunswick, Government of Nova Scotia, Quebec public health, Air Canada, provincial hydro organizations, the US Bank, TD Canada Trust, Royal Bank, Molson, PEI Liquor Control Commission, Nova Scotia Liquor Corp and the Saskatchewan Liquor and Gaming Authority (see last pages, B-1 to B-4).

February 14, 2013 -- MP Leitch makes the last update to her ethics disclosure file. This time she adds publicly traded securities and an extra blind trust to the assets column. It's likely these securities arise from her payment at Dundee REIT; but still there is no cash declared, no mention of remuneration and no mention of the company or its interests.

July 15, 2013 -- MP Leitch is appointed to Minister of Labour and Minister of the Status of Women.

Minister Leitch has been contacted for comment, but none has been forthcoming. The only question that remains is if the commissioner will evaluate these potential conflicts of interest, the primary address of MP Leitch on Election Day and the apparent failure to disclose earned income.

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Minister of Labour & Dundee REIT

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May 6, 2010, Kellie Leitch accepts a trustee position with Dundee REIT.

May 12, 2011, Kellie Leitch accepts re-appointment to the Dundee REIT Board of Trustees, ten days following the federal election. Exactly half of these business partners donated to her election campaign.

At the time of the federal election, Kellie Leitch's address was reported to be Toronto, Ontario, among her business partners. (See Sedar.com filing - March 31, 2011 - annual information form - within report, view pages 30, 31)

Within investment literature, Dundee REIT acknowledges that Kellie Leitch was elected to Parliament on May 2, 2011. They note she resigned the position with their company on September 22, 2011 and her compensation was valued at $151,600 for the 2011 term, spanning dual representation.

September 26, 2011 - Four days after resigning the position at Dundee REIT, Kellie Leitch files her income disclosure with the Ethics Commissioner for the public registry. It does not include mention of remuneration from this company.